81-9-240. Equine slaughter or processing facilities--no injunction to stop--damages allowed for delay
(1) A court of this state may not issue an injunction stopping or delaying the construction of an equine slaughter or processing facility licensed pursuant to 81-9-201 based on a challenge or appeal of a permit, license, certificate, or other approval issued in conjunction with a proposed equine slaughter or processing facility based on the provisions of:
(a) Title 75, chapter 1, parts 1 through 3;
(b) Title 75, chapter 2, parts 1 through 4;
(c) Title 75, chapter 5, part 4;
(d) Title 75, chapter 10, part 1 and parts 3 through 13; or
(e) this part.
(2) If a person files an action against the operation of an equine slaughter or processing facility and does not prevail, the person is liable for all financial losses the facility suffers if the court issues an injunction that halts operations while the action is pending.
CREDIT(S)
Enacted by Laws 2009, ch. 416, § 1, eff. Oct. 1, 2009.
81-9-241. Judicial review of equine slaughter or processing facilities--surety bond--attorney fees--venue
(1)(a) If an action is filed in district court to challenge the issuance of a license, permit, certificate, or other approval for an equine slaughter or processing facility pursuant to Title 75 or this chapter, the court shall require a surety bond of the person filing the action. The bond must be set at an amount representing 20% of the estimated cost of building the facility or the operational costs of an existing facility.
(b) The bonding requirements of this subsection (1) do not apply to an indigent person.
(2) If the bond required under subsection (1) is not paid within 30 days of the filing of the action, the action must be dismissed.
(3) An action to challenge a decision to issue a license, permit, certificate, or other approval must be brought in the county or district court jurisdiction in which the facility will be built. If a facility would be located in more than one county, the action may be brought in any of the counties or district court jurisdictions in which the facility would be built.
(4) If the court determines that a judicial action challenging a license, permit, certificate, or other approval for an equine slaughter or processing plant was without merit or was for an improper purpose designed to harass, cause delay, or improperly interfere with the ongoing operation of a facility, the court may award attorney fees and costs incurred in defending the action.
(5) This section does not prevent a defendant in an action brought pursuant to this section from filing an action or counterclaim for any claim for relief available by law and does not limit the recovery that may be obtained in a claim for relief.
Credits
Enacted by Laws 2009, ch. 416, § 2, eff. Oct. 1, 2009.